Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-15
MINERAL LANDS.
FURTHER PROCEEDINGS IN THE
q. S. CIRCUIT COURT.
Additional Testimony for the Con
testants-No Mineral Deposits
on Section z.
lsrEcIAt DISPATCH TO rHx sEcoHr.us1os.l

lsPEcIAL oIsPATcH TO TEN aEccRr. u,SIoN.l
SAN FRANCISCO, July 14th.--The taxing
of testimony before special examiner A
L. Cesmbs, in the case of the Government
VS.. Towle Bros. ct al, United States Circuit
Cor-t, Judge Sawyer, was resumed at 10 A.
NJ. to-day.
Charles E. Uren, who testified yesterday,
was recalled to answer few questions by
General Carey, in cross-examination, rela-
tive to the flow Of lava that he testified
covered with cap portions of section 4.
Witness said this lava extends over an i'm
mense area of square miles. He had heard
the impression expressed, and he believed
the theory correct one, that this lava flow
came from Lassen Peak, which is situated
considerable distance from the land in
width of forty miles. Witness gave q
learned and exhaustive explanation of lava
flows. explaining the same with relation to
the present topography OF the country. The
presence of lava at any given point did moi
indicate that ii covered an ancient river
bed or channel.
VIM. Singer, Jr., sworn as a witness for
the defense, testified that he was clerk in
the United States Land Office at Marys-
vile during the years 1866 and 1867, and is
familiar with the instructions and proceed
ure of the United States Land Department
from 1866 to the present time, having
practiced in the various Land Offices ever
since he left the Marysville office as clerk
in III Tod ictN A SNfs IL, ye
selected by the Central Pacific Railroad
Company in the Marysville Land Office
including section T. the subject of inquiry
| in this case, and said that the acceptance
| and approval of that list u une l, 1867 con-
stituted the last act the land officers could
perform with respect to the lands described
| in the list, and terminated the jurisdiction
| of the local officers over the lands thereof
as etfectually as the contamination of an
appeal terminates the jurisdiction of oul
State trial Courts. After approval and
| filing of this list the lands described therein
| SO far as the local land officers were con.
cerned, had the same status as patented
| land
He was examined as to the official plat
and the returns of the United States Sur.
veyor-General as to this section. He said
! the plat and return established the char.
| acter of the section to be agricultural. Al
| any time after the filing of this official
plat the railroad company were entitled to
select aud have this section patented to il
as non mineral land, without making any
proof that the land was not mineral, be-
| cause the character of the land was offici-
ally established by the return of the Sur.
veyor General. If the land had been
| returned by the Surveyor-General as min
| eral land the railroad company would have
ho6 10 ~ l.
| fore it could have the land listed or pat.
| ented
The witness was shown the mineral aft
| davit filed in the Marysville Land Office,
September %, 1867, alleging that this and
other sections in the same township are
| mineral in character, and said that the
local land office could not properly file the
affidavit at that date, because the lands de.
scribed therein had been approved TO pat.
ent June l, 1867, after which last date
| all affidavits and complaints should have
been filed with the General Land Office al
Washington. That even had this affidavit
been filed prior to the land being listed to
the company it would not have operated to
defeat the official return of the SURVEYOR.
General, as the affidavit is not sufficiently
specific to be the basis of a contest, and no
demand for contest is made by it.
Mr.. Singer explained the systems and
practices that have obtained in the United
States Land Department respecting the de-
termination of the question of character of
lands for mineral from the extension of
the system of public surveys to California
by Congressional Act of March 3, 1858.
down to the present, and said that the pro-
cedure of the railway company in acquir-
ing title to the section was in strict con-
formity to all the Land Office regulations
and requirements.
James Hill was next sworn. He resides
at what is called Lowell Hill. Has lived
there for the past 30 years, havipg located
there in 1858. Was acquainted with sec
ton 7, its boundary lines and general
topography. Had been travelling over this
section ever since he went there in early
days. By occupation he was miner, and
had been engaged in drifting, or the under
ground working of gravel deposits, in that
locality for from II to Is years. He knew
the Lowell Hill mine and its boundaries
relative to section I. When he went there
in 1858 miners were engaged in hydrauliek-
ing in sections and u All the work that
has been done in the Lowell Hill mine is
on section H. From 1865 to 1879 witness
was an owner in the Golden Bull mine.
He ran several tunnels with lateral drifts
in this mine in section u. He sold
his interest in the Golden Bull to man
by the name of Morgan in 1879. Morgan
commenced running tunnel in 1879, and
worked in it until 1880. He ran this tun
mel into section Z, where the air shaft is
located that has been spoken of by preced-
ing witnesses, and which is about 100 feet
inside of section I. They found gravel in
that shaft on the bedrock, which was rising
and going east, indicating that they were
on the east rim rock. They worked this
nrtIr rft h. IL.
after the shaft was raised, and then went
away and left it.
l never worked IN section Z. If a chan
mel goes through that section it comes from
Remington Hill and goes to the west of
section 6. The Shanghai tunnel is about
500 feet west of section T. 1t runs in
southerly direction and away from section
7, having southwesterly course. Was well
acquainted with the boundaries of the
Swamp Angel mine. Its northern boundary
corresponds with the southern boundary
of the Golden Bull; have been
in this mine and examined their
drifts. They never worked their
mine within the limits of section 7.
The Swamp Angel has almost exhausted
its pay gravel on sections IL and Ii. Wit
ness knew the Planet mine, and had been
at the mouth of the tunnel, which is halfa
mile from section I. From what have
seen in the Golden Rule, and Swamp An
gel. in sections y and Is, the channel goes
off to the south. 1t comes in at the point
on the Lowell Hill mine, passes through
the Golden Bull Swamp Angel, East New
York, and goes west of the old trail to
Liberty Hill, all west of section Z. 1t was
continuation of the channel from Rem
ington Hill, which was cut in twain By
Steep Hollow creek. Steep Hollow creek,
below Liberty Hill, was rich in gold on
section u. Above, where the channel
crosses, above the mouth of Snake creek, it
was poor.
Witness accounted for this richness below
Liberty Hill on the ground that the gravel
deposit had been cut through and the gold
therefrom deposited in the channel of the
creek below.
Witness said he knew where the NAM
moth Spring Tunnel was located. Some
Cinnamon worked there for two or three
months in the year 1878. They went off
and left it. He was never in the back part
of the tunnel, and saw but little gravel at
the dump. He knew of no mining on sec
ton I. Some Cinnamon were working in
the bed of the South Fork of Steep Hollow
creek some two years ago. But very little
work had been done in that stream for the
past twenty years. For time had cha.ge
of the Mcclure 81 Patterson and Bear river
bitches. the only ones that touch section Z.
He sold water to toe Chinaman who